Category: Justice

Constitutional Law, Courts, Free Speech, Justice, Religion, Society

Will Free Speech Have To Make A Bus Stop In Arkansas?

Submitted By Mark Esposito, Guest Blogger

The Central Arkansas Coalition of Reason has a First Amendment problem. When the coalition of atheists, agnostics, and skeptics attempted to place advertising on Little Rock transit buses, they were met with an unusual demand. In order to place $5,000.00 worth of advertising, the Central Arkansas Transit Authority (CATA) required them to purchase insurance against angry Christians in the amount of $36,000.00. The policy was needed said the bus company’s ad agency, On The Move Advertising, because a handful of similar ads had been vandalized in other states.

Continue reading “Will Free Speech Have To Make A Bus Stop In Arkansas?” →

Criminal law, Justice, Lawyering

Public Integrity Prosecutor Accused Of Using Conflicts Case To Pressure Firm To Hire Family Member

Deputy Dist. Atty. Juliet Schmidt, a member of the L.A. district attorney’s Public Integrity Division, is under fire after sending a letter to a law firm in a conflict-of-interest case that first suggested that its client “might” be exonerated and then asked if the firm would give her nephew of job. That is, of course, a conflict of interest itself.

Continue reading “Public Integrity Prosecutor Accused Of Using Conflicts Case To Pressure Firm To Hire Family Member” →

Criminal law, International, Justice, Politics

International Criminal Court Moves To Arrest Gaddafi For Decades of Abuse

The international Criminal Court (ICC) in The Hague has announced that it will seek the arrest Muammar Gaddafi for crimes linked to the brutal suppression of demonstrations against his 42-year rule. I do not question the violations committed by Gaddafi. However, I remain uneasy about the criteria used to determine which dictators are prosecuted. The world is crowded with such leaders accused of crimes against humanity. In nearby Syria, President Bashar al-Assad is accused of killing hundreds of protesters and, in Iran, thousands of protesters have been arrested — some executed and others raped or tortured. Even in the United States, we have officials who are accused of war crimes in the use of torture. The point is not to suggest an equality or comparable likeness in the alleged crimes of Libya and the United States. Rather, there remains a concern over selective enforcement in ICC actions.
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Justice, Lawyering, Politics

Monica Goodling Reprimanded By Virginia State Bar

In a little noticed action, the Virginia bar has reprimanded Monica Marie Goodling, the attorney at the center of the allegations of politicization of the Bush Justice Department. Many are complaining that the reprimand shows that the bar has little teeth in enforcing such ethical rules. On the other hand, the reprimand is still more punishment that John Yoo, Jay Bybee and others received for their support of alleged war crimes over the torture program. (Actually, Bybee was not just spared punishment by the Obama Justice Department but he was previously given a lifetime appointment as a federal judge).
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Constitutional Law, Courts, Justice, Politics, Supreme Court

John Yoo Calls the Kettle Black

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

Earlier this month, President Barack Obama announced that he was considering an Executive Order that would mandate that all contractors who receive Federal money must disclose their political contributions.  Since I am not a big fan of Executive Orders and since President Obama was not a big fan of Executive Orders when he was a candidate, I was not especially enthralled about the possibility of another Executive Order.  However, once I read what the proposed Executive Order was going to do, I have to admit that I embraced it with open arms. Continue reading “John Yoo Calls the Kettle Black” →

Bizarre, Constitutional Law, Justice, Society

‘Bama Finally Bids Jim Crow Adieu

Submitted by Mark Esposito, Guest Blogger

Well, the Alabama Senate finally got around to it. A vote Wednesday eliminated Jim Crow laws and other segregationist measures in the State’s 340,000 word constitution that was adopted in 1901. The struck language eliminates requirements for separation of the races in educational institutions and the infamous polls taxes. The vote was 22-9 with all Republican senators voting in favor of the legislation.

Some Democratic legislators opposed the bill as too little, too late. Sen. Linda Coleman, D-Birmingham, said there were still racist problems in Alabama’s constitution, including schools that she said are not equitably funded. “This bill to me is a farce. It’s a smokescreen,” Coleman said. ” Jim Crow is still here…. We know there are disparities,” she added.  Continue reading “‘Bama Finally Bids Jim Crow Adieu” →

Congress, Justice, Politics, Society

Senator Dick Durbin We Hardly Knew Ye

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

When I hear Illinois Senator Dick Durbin’s name, I usually think of a moderately progressive Democratic Senator.  What I don’t expect to hear from someone with Durbin’s pedigree are statements to the effect that cuts to Social Security are “on the table”.  But that is exactly what he said recently when asked about his work with the so-called Gang of Six. Continue reading “Senator Dick Durbin We Hardly Knew Ye” →

Animals, Bizarre, Constitutional Law, Courts, Criminal law, Justice, Lawyering

Ohio: Let Sleeping Police Dogs Lie

Submitted by Mark Esposito, Guest Blogger

Twenty five year-old Ryan James Stephens will probably never be confused with actors Rex Harrison or Eddie Murphy but he may be the new Dr. Doolittle. Stephens has been charged with violating Cincinnati’s ordinance prohibiting citizens from “talking” to police dogs.

Continue reading “Ohio: Let Sleeping Police Dogs Lie” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Society

Odor Of Marijuana Not Enough For Probable Cause

Submitted by Mark Esposito, Guest Blogger

The Massachusetts Supreme Judicial Court has issued an interesting decision concerning the prerogative of police to order a suspect to exit a car after smelling marijuana smoke coming from within. Seems the opinion turned on the Bay State’s decision to  decriminalized possession of less than one ounce of the wacky weed in 2008.
Continue reading “Odor Of Marijuana Not Enough For Probable Cause” →

Bizarre, Courts, Justice, Lawyering, Society, Testimony

Gut Feeling: New York Belly Dancer Loses Alimony

Submitted by Mark Esposito, Guest Blogger

Forty-three year old belly- dancer, Dorothy McGurk, has learned just how expensive internet dancing can be. Receiving $850.00 in monthly alimony due to a disability, the Staten Island resident was hauled before a county judge by her husband, Brian McGurk, who caught her dancing act on her blog and who now claims his ex-wife’s disability has actually “slip-sided away.”  

Continue reading “Gut Feeling: New York Belly Dancer Loses Alimony” →

Congress, Criminal law, Justice, Politics

Could Some Banksters be Going to Jail…Finally?

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

It has been almost 4 years since the economy crashed in 2007, causing what some people have referred to as the worst economic disaster since the Great Depression.  Since that time there has been little or no action on indicting the alleged participants in the cause of the disaster.  Maybe now, that dismal record will change. Continue reading “Could Some Banksters be Going to Jail…Finally?” →

Bizarre, Courts, Criminal law, Justice

Well, What Do You Expect? She’s A Forger.

Submitted by Mark Esposito, Guest Blogger

Forty-one-year old Michelle Astumian sure has moxie. Facing a sentencing hearing in a San Luis Obispo, CA court for two counts of forging drug prescriptions and one of passing a fraudulent check, she presented Judge Barry LaBarbera with a doctor’s note in an effort to delay the proceeding. The savvy Judge dispatched a deputy DA to verify the note and was quickly told it was a fake. Nonplussed, Astumian collapsed when the Judge ordered the $45,000.00 bond revoked and her into custody. No word on the nature of her mysterious ailment, but her trip to the hospital granted her wish to delay the sentencing. I’d call that winning the battle only to insure losing the war.

Source: KVEC

~Mark Esposito, Guest Blogger

Constitutional Law, Courts, International, Justice, Lawyering, Society, Uncategorized

Adoption Nightmare for Guatemalan Mother

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

A couple of months ago, my daughter recommended that I take a look at an adoption case that was just ruled on by the Missouri Supreme Court.  I did not have a chance to look at in-depth until recently and it is both interesting and heart wrenching.  It involves a Guatemalan immigrant mother whose baby was born in the United States while she was in the country illegally and the baby was adopted while the mother was in prison.  Thankfully, the Missouri Supreme court ordered a new adoption hearing which could still be another hurdle for the biological mother, but she now has a chance at regaining custody of her son.  Missouri Supreme Court Continue reading “Adoption Nightmare for Guatemalan Mother” →

Bizarre, Courts, Justice, Society

Take Me Out of the Pretrial Conference

Submitted by Mark Esposito, Guest Blogger

HST and Opening Day at Yankee Stadium (1951)

In honor of Major League Baseball’s opening day, here’s a little item from Irvin, Texas Lawyer Darrell W. Cook who’s a huge Texas Rangers fan. Last year when the improbable happened and the Rangers made it to the World Series Cook was taking no chances. Seeing a pretrial conference on his calendar which conflicted with Game 1, Cook filed this emergency motion for continuance excerpted here:

Continue reading “Take Me Out of the Pretrial Conference” →